 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning and tempests." " If an armed force come to rob the carrier of the goods, he is liable ; and the true reason is, for... | |
 | Thomas Arnold - Marine insurance - 1822 - 1008 pages
...presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests. " If an armed force come to rob the carrier of the goods, he is liable, and the reason is, for fear... | |
 | William Jones - Bailments - 1828 - 328 pages
...presumes against the " carrier, unless he shows it was done by the King's enemies, or "by such act as could not happen by the intervention of man; "as storms, lightning, and tempests. If an armed force come "to rob the carrier of the goods, he is liable; and a reason is " given in the... | |
 | David Steel - 1832 - 1188 pages
...presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests. " If an armed force come and rob the carrier of the goods, he is liable ; and the reason is, from fear... | |
 | George Ticknor Curtis - Maritime law - 1841 - 488 pages
...presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning and tempests." 3 The fair deduction 1 Riley v. Home, 5 Bing. R. 217. 1 Abbot on Ship, part 3, ch. 4, sec. 1. 3 1 Term... | |
 | Law - 1842 - 536 pages
...the carrier, unless he shows the loss was occasioned by act of the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests. 2 Every thing done by the carrier which the law does not excuse, is negligence in him, eg loss of goods... | |
 | Joseph Story - Bailments - 1856 - 728 pages
...presumes against the carrier, unless he shows it was done by the king's enemies, or by such an accident as could not happen by the Intervention of man, as storms, lightning, and tempests.' The same doctrine is strongly stated in M'Arthur v. Sears, 21 Wend. R. 196, where it is said, that... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1856 - 948 pages
...presumes against the carrier, unless he shews it was done by the King's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempest." Again, in the case of The Company of the Trent Navigation v. Wood (6), Lord Mansfield said,... | |
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But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention... 
